United Nations human rights experts have called on the Sri Lankan Government to revise its proposed Protection of the State from Terrorism Act (PSTA), warning that several provisions must be strengthened to bring the legislation into line with international human rights law.
The experts welcomed the Government’s proposal to repeal the Prevention of Terrorism Act (PTA) of 1979, which they said had enabled serious human rights violations, including torture and enforced disappearances, before, during and after Sri Lanka’s 26-year civil war. They noted that abuses under the legislation had affected minorities, human rights defenders, journalists and civil society.
Although the latest draft of the PSTA represents a considerable improvement in response to earlier feedback, the experts said several fundamental concerns remained unresolved and required attention before the proposed legislation could proceed.
A central concern relates to detention powers and the absence of adequate judicial safeguards. The experts said detention orders must be subject to prompt and effective judicial scrutiny, allowing courts to assess their legality, necessity and proportionality and order the release of individuals where detention cannot be justified.
They also called for the Independent Review Committee responsible for hearing detention appeals to be genuinely independent, with decisions that are legally binding. Detainees, they said, must have guaranteed access to legal representation, interpretation services, independent medical examinations, legal aid, family contact and prompt visits from the Human Rights Commission of Sri Lanka. Any transfer between detention facilities must also be formally recorded and reported to prevent enforced disappearances and detention without communication with the outside world.
The proposed definition of terrorism was another major area of concern. The experts called for it to be restricted to acts intentionally causing death or serious bodily injury, excluding offences involving property damage alone. They also said offences relating to expression should only fall within the legislation where there is a likelihood of inciting terrorist violence.
The experts further urged the Government to abolish the armed forces’ powers of arrest, questioning and search, citing the history of military-related human rights violations. They said preventive powers under the proposed law must be more narrowly defined and subjected to judicial oversight.
Additional safeguards were sought in relation to the proscription of organisations and restrictions on individuals and locations. The experts called for clearer and higher thresholds for declaring organisations unlawful, fixed time limits on proscription orders, and cumulative limits on restriction orders and powers to prohibit access to particular places.
The proposed legislation must also strengthen protections within criminal proceedings, they said. All evidence or statements obtained unlawfully or through torture and ill-treatment should be excluded. Procedures governing the withholding of evidence on national security grounds should be reinforced, while information concerning journalistic sources, legal professional privilege, professional confidentiality and human rights monitoring activities must be protected from disclosure.
The experts also called for restrictions on presidential authority to direct the enforcement of the proposed law and said the Prevention of Terrorism Act should not continue to apply during a transitional period after the PSTA comes into force.
They stressed that the new legislation must establish effective mechanisms for oversight, accountability and remedies when human rights or legal powers are violated. These should include release from detention, exclusion of unlawfully obtained evidence, disciplinary or criminal liability for officials and reparation for victims through compensation, rehabilitation, apologies and guarantees against repetition.
“It is unacceptable that the PSTA would confer immunities on officials for wrongful acts,” the experts said, adding that counter-terrorism measures could only be effective if human rights were respected.
The experts had previously communicated their concerns about an earlier draft of the legislation to the Government, calling for consultations with stakeholders, including civil society organisations. They have also recently raised concerns about related legislative reforms, including proposed laws regulating non-governmental organisations and organised crime.
The UN experts offered technical assistance to the Sri Lankan authorities to help bring the proposed legislation into conformity with international human rights standards.
